UPC 57037/2024 App 5729/2025 App 5962/2025

ORDER

of the Court of First Instance of the Unified Patent Court Central Division Milan issued on 27 February 2025

REFERENCE CODE ECLI: Not provided

CLAIMANT:

SharkNinja Italy S.R.L., Via Tortona 33 - CAP 20144 - Milano - Italy represented by Caroline Horstmann, Freshfields Bruckhaus Deringer

DEFENDANT:

Dyson Technology Limited, Tetbury Hill - SN16 0RP - Malmesbury, Wiltshire - Great Brittain represented by Constanze Krenz, DLA Piper UK LLP

PATENT AT ISSUE:

EP 2043492, proprietor Dyson Technology Limited

DECIDING JUDGES:

FULL PANEL:

Presiding judge - Andrea Postiglione

Legally qualified judge and judge-rapporteur - Marije Knijff

Technically qualified judge - Pascal Weber

LANGUAGE OF PROCEEDINGS:

English

SUBJECT-MATTER OF THE PROCEEDINGS: Claim for revocation

GROUNDS FOR THE ORDER

With letter dated 21 Oktober 2024 Claimant filed a substantiated request for revocation of European Patent EP 2043492 with the UPC Central Division Milan. On january 3rd 2025, Claimant filed a request to stay proceedings pursuant to Rule 295 d) RoP declaring that both parties had reached an agreement and subsequently signed a term sheet to settle litigation. On January 15th the present Division issued an order to stay the proceedings. On February 3rd and 4th Claimant requested withdrawal of its revocation action and requested the court render a decision declaring the proceedings closed. Claimant specifically indicated that Defendant consented to the withdrawal and that a cost decision is not requested. On February 14th the Court issued a preliminary order in which the present order has been presented to Claimant and Defendant as intended order, with the opportunity for Defendant to comment on it. Defendant chose to not lodge comments.

This request is admissible since there is no final decision in the revocation action. In view of their consent, no party can be considered to have a legitimate interest in the actions being decided by the Court. The request can thus be allowed.

Claimant's request for reimbursement of 60% of the court fees (and thus an amount of EUR 12.000) can be allowed as well, as the revocation action is withdrawn before the closure of the written procedure (R. 370.9(b)(i)). In as far as necessary, the value of the action is set at 500.000 euro.

ORDER

The court:

• • allows the withdrawal of the revocation action (UPC 57037/2024);
• • declares the proceedings closed;
• • orders that this decision shall be entered on the register;
• • declares that there is no need for a cost decision;
• • orders the claimant to be reimbursed 60% of the court fees paid, and thus an amount of EUR 12.000
• • sets the value of the case at EUR 500.000.

Issued in Milan on 27 February 2025

NAMES AND SIGNATURES

Andrea Postiglione (Presiding judge)

Marije Knijff (Legally qualified judge and judge-rapporteur)

Pascal Weber (Technically qualified judge)

For the Deputy Registrar (clerk)

ORDER DETAILS

Order no. ORD_7507/2025 in ACTION NUMBER: ACT_57037/2024

UPC number:

UPC_CFI_604/2024

Action type:

Revocation Action

Related proceeding no. Application No.:

5962/2025

Application Type:

Generic procedural Application